OTHER LEGAL RESOURCES INCLUDING STATUTORY CRITERIA

Transcription

1 State of Florida OTHER LEGAL RESOURCES INCLUDING STATUTORY CRITERIA For Use By Value Adjustment Boards In Conjunction With The Uniform Policies and Procedures Manual Florida Department of Revenue Revised May 2010

2 Introduction The set of documents titled Other Legal Resources Including Statutory Criteria, contains the following items: 1. Florida Administrative Rules regarding the production of original assessments; 2. Florida Statutes regarding the production of original assessments; 3. Provisions of the Florida Constitution regarding the production of original assessments; and 4. A notice regarding case law (see following paragraph). A statute effective in 2009 regarding the administrative review of just valuations addresses the use of case law in administrative reviews of assessments. The provisions of this subsection preempt any prior case law that is inconsistent with this subsection. See subsection (1) of section , Florida Statutes (2009), as amended by Chapter , Laws of Florida (Council Substitute for Committee Substitute for House Bill 521). It is the express intent of the Legislature that a taxpayer shall never have the burden of proving that the property appraiser's assessment is not supported by any reasonable hypothesis of a legal assessment. All cases establishing the every-reasonable-hypothesis standard were expressly rejected by the Legislature on the adoption of chapter 97-85, Laws of Florida. It is the further intent of the Legislature that any cases published since 1997 citing the every-reasonable-hypothesis standard are expressly rejected to the extent that they are interpretative of legislative intent. See subsection (1) of section , Florida Statutes (2009). Value adjustment boards and appraiser special magistrates should use case law in conjunction with legal advice from the board legal counsel. The contents of Other Legal Resources Including Statutory Criteria are limited to provisions of law that relate to the production of original assessment rolls by property appraisers. While value adjustment boards and special magistrates are not authorized to produce original assessments, they are authorized to conduct administrative reviews of assessments that include establishing revised assessments when required by law. Therefore, within the scope of their authority, value adjustment boards and special magistrates must use these same provisions of law, where applicable, in the administrative review of assessments produced by property appraisers. Value adjustment boards and special magistrates must use this document in conjunction with the Uniform Policies and Procedures Manual. This accompanying set of documents contains the relevant provisions of Florida Statutes pertaining to assessments, including statutory criteria for assessments. These are the authorities applicable in administrative reviews of the following: just valuations (Part 1 of Chapter 193, Part 1, Florida Statutes); exemptions (Chapter 196, Florida Statutes); classifications and classified use valuations (Part 2 of Chapter 193, Florida Statutes); portability assessment difference transfers (section (8), Florida Statutes); limited assessment increases (sections through , Florida Statutes); and deferrals and penalties (Chapter 197, Florida Statutes). i

3 Along with the Uniform Policies and Procedures Manual, this set of documents will be made available on the website of the board clerk in each of the 67 counties and on the website of the Florida Department of Revenue. The Department requests that value adjustment board clerks retain the title Other Legal Resources Including Statutory Criteria when placing this set of documents on their websites. ii

4 CONTENTS OF Other Legal Resources Including Statutory Criteria For Use by Value Adjustment Boards In Conjunction With the Uniform Policies and Procedures Manual RULES: CHAPTER 12D-5 AGRICULTURAL AND OUTDOOR RECREATIONAL OR PARK LANDS CHAPTER 12D-6 MOBILE HOMES, PREFABRICATED OR MODULAR HOUSING UNITS, POLLUTION CONTROL DEVICES, AND FEE TIME-SHARE DEVELOPMENTS CHAPTER 12D-7 EXEMPTIONS EXCERPT OF CHAPTER 12D-8 ASSESSMENT ROLL PREPARATION AND APPROVAL EXCERPT OF CHAPTER 12D-13 TAX COLLECTORS RULES AND REGULATIONS STATUTES: CHAPTER 192 TAXATION: GENERAL PROVISIONS CHAPTER 193 ASSESSMENTS CHAPTER 193 PART I GENERAL PROVISIONS (EXCERPT) CHAPTER 193 PART II SPECIAL CLASSES OF PROPERTY iii

5 STATUTES: (continued) CHAPTER 195 PROPERTY ASSESSMENT ADMINISTRATION AND FINANCE (EXCERPT) CHAPTER 196 EXEMPTION CHAPTER 197 TAX COLLECTIONS, SALES, AND LIENS (EXCERPT) CHAPTER 200 DETERMINATION OF MILLAGE (EXCERPT) FLORIDA CONSTITUTION, ARTICLE VII: (EXCERPT) SECTION 1. TAXATION; APPROPRIATIONS; STATE EXPENSES; STATE REVENUE LIMITATION. SECTION 2. TAXES; RATE. SECTION 3. TAXES; EXEMPTIONS. SECTION 4. TAXATION; ASSESSMENTS. SECTION 6. HOMESTEAD EXEMPTIONS. NOTICE REGARDING CASE LAW: iv

6 RULES OF THE STATE OF FLORIDA DEPARTMENT OF REVENUE PROPERTY TAX ADMINISTRATION PROGRAM CHAPTER 12D-5 AGRICULTURAL AND OUTDOOR RECREATIONAL OR PARK LANDS 12D D D D D D D D D D Agricultural Classification, Definitions. Purchase Price Paid as a Factor in Determining Agricultural Classification. Dwellings on Agriculturally Classified Land. Other Factors that May Become Applicable to Classification of Agricultural Land. Outdoor Recreational or Park Lands. Effect of Citrus Canker On Agricultural Classification. (Repealed) Definitions. Assessment of Oil, Mineral and Other Subsurface Rights. Liens on Subsurface Rights. Ad Valorem Credits on Severance Tax. (Repealed) 12D Agricultural Classification, Definitions. (1) For the purposes of section , Florida Statutes, agricultural purposes does not include the wholesaling, retailing or processing of farm products, such as by a canning factory. (2) Good faith commercial agricultural use of property is defined as the pursuit of an agricultural activity for a reasonable profit or at least upon a reasonable expectation of meeting investment cost and realizing a reasonable profit. The profit or reasonable expectation thereof must be viewed from the standpoint of the fee owner and measured in light of his investment. 1 Chapter 12D-5 Rev Specific Authority (1), (1) FS. Law Implemented , FS. History--New , Formerly 12D D Purchase Price Paid as a Factor in Determining Agricultural Classification. (1) The property appraiser may determine that the "purchase price paid" for land is inconsistent with agricultural use. A purchase price in excess of the agricultural assessment can be indicative of lack of a "good faith commercial agricultural use" since the agricultural assessment is basically derived by a capitalization of the income to be produced by land in such a use and thus approximates the amount that could be invested consistent with a reasonable return. (2) Additionally, should the purchase price paid exceed the agricultural assessment by three or more times, a presumption that the land is not used primarily for good faith commercial agriculture purposes is created by section (4)(c), Florida Statutes. The mere filing of a return is not sufficient to overcome this presumption created by the purchase price. Instead, the landowner must make a showing of special circumstances such as, but not limited to: 1) need of the acquired property to expand a previously owned agricultural operation; 2) need of the acquired property to facilitate proper drainage of a previously owned agricultural operation; 3) need of the acquired property for ingress or egress related to a previously owned agricultural operation; 4) the need of the acquired property to reestablish an agricultural operation after the owner's previous agricultural operation was terminated due to eminent domain proceedings or other similar circumstances; and 5) when the purchase price includes payment for other than real property, such as improvements on or to the land or deferred income, e.g., forestry. (3) Furthermore, the presumption created by section (4)(c), Florida Statutes, may be defeated by overcoming the appraiser's presumption of correctness as to the agriculturally classified value and demonstrating that the purchase price paid was not three or more times what the agriculturally classified value should be. However, such a showing, while defeating the presumption, would not prevent a denial of the classification if the

7 Chapter 12D-5 Rev purchase price paid was, nonetheless, indicative of a lack of good faith commercial agricultural use. Specific Authority (1), (1) FS. Law Implemented , , FS. History--New , Amended , Formerly 12D D Dwellings on Agriculturally Classified Land. The property appraiser shall not deny agricultural classification solely because of the maintenance of a dwelling on a part of the lands used for agricultural purposes, nor shall the agricultural classification disqualify the land for homestead exemption. So long as the dwelling is an integral part of the entire agricultural operation, the land it occupies shall be considered agricultural in nature. However, such dwellings and other improvements on the land shall be assessed under section , Florida Statutes, at their just value and added to the agriculturally assessed value of the land. Specific Authority (1), (1) FS. Law Implemented , FS. History--New , Formerly 12D D Other Factors that May Become Applicable to Classification of Agricultural Land. (1) Other factors enumerated by the court in Greenwood v. Oates, 251 So. 2d 665 (Fla. 1971), which the property appraiser may consider, but to which he is not limited, are: (a) Opinions of appropriate experts in the fields; (b) Business or occupation of owner; (Note that this cannot be considered over and above or the exclusion of the actual use of the property.) (See AGO ) (c) The nature of the terrain of the property; (d) Economic merchantability of the agricultural product; and (e) The reasonably attainable economic salability of the product within a reasonable future time for the particular agricultural product. (2) Other factors that are recommended to be considered are: 2 (a) Zoning (other than section , Florida Statutes), applicable to the land; (b) General character of the neighborhood; (c) Use of adjacent properties; (d) Proximity of subject properties to a metropolitan area and services; (e) Principal domicile of the owner and family; (f) Date of acquisition; (g) Agricultural experience of the person conducting agricultural operations; (h) Participation in governmental or private agricultural programs or activities; (i) Amount of harvest for each crop; (j) Gross sales from the agricultural operation; (k) Months of hired labor; and (l) Inventory of buildings and machinery and the condition of the same. Specific Authority (1), (1) FS. Law Implemented , FS. History--New , Amended , Formerly 12D D Outdoor Recreational or Park Lands. The recreational use must be non-commercial. The term "non-commercial" would not prohibit the imposition of a fee or charge to use the recreational or park facility so long as the fee or charge is calculated solely to defray the reasonable expenses of maintaining the land for recreational or park purposes. Since public access is necessarily a prerequisite to classification and tax treatment under section , Florida Statutes, and Article VII, section 4, Florida Constitution, the Trustees of the Internal Improvement Trust Fund or the governing board of a county or delegated municipality, as the case may be, in their discretion need not accept an instrument conveying development rights or establishing a covenant under the statute. In all cases, the tax treatment provided by section , Florida Statutes, shall continue only so long as the lands are actually used for outdoor recreational or park purposes. Since all property is assessed as of its status on January 1 of the tax year, if the instrument conveying the development rights or establishing the covenant is not accepted by the appropriately authorized body on or before January

8 1 of the tax year, then special treatment under section , Florida Statutes, would not be available for that tax year. When special treatment under the statute is to be granted because of a covenant, such special treatment shall be granted only if the covenant extends for a period of ten or more years from January 1 of each year for which such special treatment assessment is made; however, recognition of the restriction and length of any covenant extending less than 10 years shall be made in assessing the just value of the land under section , Florida Statutes. Specific Authority (1), (1) FS. Law Implemented , , FS. History--New , Amended , Formerly 12D-5.05, Amended D Effect of Citrus Canker on Agricultural Classification. Specific Authority (3)(b)7., (6)(a)7. FS. Law Implemented (3)(b)7., (6)(a)7. FS. History--New , Repealed D Definitions. Unless otherwise stated or unless otherwise clearly indicated by the context in which a particular term is used, all terms used in this chapter shall have the same meanings as are attributed to them in the current Florida Statutes. In this connection, reference is made to the definitions in sections , , and , Florida Statutes. Specific Authority (1), (1) FS. Law Implemented , , , , , FS. History--New , Formerly 12D D Assessment of Oil, Mineral and Other Subsurface Rights. (1) All oil, mineral, gas, and other subsurface rights in and to real property, which have been sold or otherwise transferred by the owner of the real property, or retained or acquired through reservation or otherwise, shall be appraised and taxed separately from the fee or other interest in the fee. This tax is against those who benefit from the possession of the 3 Chapter 12D-5 Rev subsurface rights. When such subsurface rights are leased, the tax burden falls on the lessee, not on the lessor who owns the rights outright, in perpetuity. (a) When the subsurface rights in land have been transferred by the fee owner, or retained or acquired by other than the surface owner, it is the duty of the property appraiser to use reasonable means to determine the name of the record title owner from the public records of the county. (b) When subsurface rights have been separated from the fee, the property appraiser shall make a separate entry on the assessment roll indicating the assessment of the subsurface rights which have been separated from the fee. The property appraiser may describe and enter these subsurface rights on the roll in the same manner in which they were conveyed. This entry shall immediately follow, in the same section, township, and range, the entry listing the record title owner of the surface fee insofar as is practicable. (2) At the request of a real property owner who also owns the oil, mineral, and other subsurface rights to the same property, the property appraiser shall assess the subsurface rights separately from the remainder of the real estate. Such request shall be filed with the property appraiser on or before April 1. Failure to do so relieves the appraiser of the duty to assess subsurface rights separately from the remainder of the real estate owned by the owner of such subsurface rights. (3) All subsurface rights are to be assessed on the basis of just value. The combined value of the subsurface rights, the undisposed subsurface interests, and the remaining surface interests shall not exceed the full just value of the fee title of the land inclusive of such subsurface rights. (a) Any fractional subsurface interest in a parcel must be assessed against the entire parcel, not against a fraction of the parcel. For example, a one-fourth interest in the subsurface rights on 40 acres is assessed as a fractional interest on the entire 40 acres, not as an interest on 10 acres. (b) Just value, or fair market value, of subsurface rights may be determined by comparable sales. In determining the value of such subsurface rights, the property appraiser may apply the methods provided by law, including consideration of the amounts paid for mineral, oil, and other subsurface

9 Chapter 12D-5 Rev rights in the area as reflected by the public records. (c) The cost approach to value may be used to determine the assessed value of a mineral or subsurface right. Where comparable sales or market information is unavailable, and the lease transaction is reasonably contemporary, arm's length, and the contract rent appears to reflect market value, the property appraiser may consider the total value of the contract and discount it to present value as a means of determining just value. (4) At such time as all mineral assets shall be deemed depleted under present technology or upon a final decree by a court or action or ruling by a quasi-judicial body of competent jurisdiction ordering that no further extraction of minerals will be permitted, the property appraiser shall reduce the assessment of such subsurface rights in accordance with existing circumstances. However, as long as such interests remain, they shall continue to be separately assessed. (5) Insofar as they may be applied, statutes and regulations not conflicting with the provisions of this chapter pertaining to the assessment and collection of ad valorem taxes on real property, shall apply to the separate assessment and taxation of subsurface rights. affecting the surface, or applications for a tax deed for the surface interest, or any foreclosure proceedings thereon. No tax deed nor foreclosure proceedings shall affect the subsurface owner's interest if he has filed with the clerk of the circuit court and such notice as described above is not given. Specific Authority (1), (1) FS. Law Implemented , , FS. History--New , Formerly 12D D Ad Valorem Credits on Severance Tax. Specific Authority FS. Law Implemented FS. History--New , Repealed , Formerly 12D Specific Authority (1), (1) FS. Law Implemented , , (2), , FS. History--New , Formerly 12D D Liens on Subsurface Rights. Tax certificates and tax liens may be acquired, purchased, transferred and enforced, and tax deeds issued encumbering subsurface rights as they are on real property. Except that in the case of a tax lien on leased subsurface rights where mineral rights are leased or otherwise transferred for a term of years, the lien shall be a personal liability of the lessee and shall be a lien against all property of the lessee. The owner of subsurface rights shall, by recording with the clerk of the circuit court his name, address and the legal description of the property in which he has a subsurface interest, be entitled to notification, by registered mail with return receipt requested, of non-payment of taxes by the surface owner, or the sale of tax certificates 4

10 RULES OF THE STATE OF FLORIDA DEPARTMENT OF REVENUE PROPERTY TAX ADMINISTRATION PROGRAM CHAPTER 12D-6 MOBILE HOMES, PREFABRICATED OR MODULAR HOUSING UNITS, POLLUTION CONTROL DEVICES, AND FEE TIME-SHARE DEVELOPMENTS 12D D D D D D Mobile Homes and Prefabricated or Modular Housing Units Defined. Assessment of Mobile Homes. Recreational Vehicle Type Units; Determination of Permanently Affixed. Prefabricated or Modular Housing Units -- Realty or Tangible Personal Property. Pollution Control Devices. Fee Time-Share Real Property. 12D Mobile Homes and Prefabricated or Modular Housing Units Defined. (1) Mobile homes are vehicles which satisfy the following: (a) Manufactured upon a chassis or under carriage as an integral part thereof; and (b) Without independent motive power; and (c) Designed and equipped to provide living and sleeping facilities for use as a home, residence, or apartment; or designed for operation over streets and highways. (d) The definition of "mobile home" shall be as defined under sections (2) and (3), Florida Statutes (1989), and under Rule 12A-1.007(11)(a), F.A.C. (2) A prefabricated or modular housing unit or portion thereof, is a structure not manufactured upon an integral chassis or under carriage for travel over the highways, even though transported over the highways as a complete structure or portion thereof, 5 Chapter 12D-6 Rev to a site for erection or use. (3) "Permanently affixed." A mobile home shall be considered "permanently affixed" if it is tied down and connected to the normal and usual utilities, and if the owner of the mobile home is also the owner of the land to which it is affixed. (4) The "owner" of a mobile home shall be considered the same as the owner of the land for purposes of this rule chapter if all of the owners of the mobile home are also owners of the land, either jointly or as tenants in common. This definition shall apply even though other persons, either jointly or as tenants in common, also own the land but do not own the mobile home. The owners of the realty must be able, if they convey the realty, to also convey the mobile home. In this event reference shall be made to the proportions of interests in the land and in the mobile home so owned. (a) Ownership of the land may be through a "cooperative," that form of ownership of real property wherein legal title is vested in a corporation or other entity and the beneficial use is evidenced by an ownership interest in the cooperative association and a lease or other muniment of title or possession granted by the cooperative association as the owner of all the cooperative property. (b) Ownership of the land may also be in the form of an interest in a trust conferring legal or equitable title together with a present possessory right on the holder. (c) Where a mobile home is owned by a corporation, the owner of the mobile home shall not be considered the same as the owner of the land unless the corporation also owns the land as provided in this rule section. (5) The owner of the mobile home shall not be considered an owner of the land if his name does not appear on an instrument of title to the land. Specific Authority (1), (1) FS. Law Implemented , , , , , (2), , (11), FS. History--New , Amended , Formerly 12D-6.01, Amended D Assessment of Mobile Homes. (1) This rule subsection shall apply if the

11 Chapter 12D-6 Rev owner of the mobile home is also the owner of the land on which the mobile home is permanently affixed and the mobile home has a current sticker affixed, regardless of the series. (a) The property appraiser shall assess such mobile home as realty, and it shall be taxed as real property. The property appraiser should get proof of title of the mobile home and land. Section , Florida Statutes, states that no person shall sell a motor vehicle for purposes of the registration and licenses provisions without delivering a certificate of title to the purchaser. The owner may provide evidence of affixation on Form DR-402, Declaration of Mobile Home as Real Property, to assist the property appraiser. However, this information shall not be determinative. (b) The mobile home shall be issued an "RP" series sticker as provided in section , Florida Statutes. The owner is required to purchase an "RP" sticker from the tax collector. (c) If the owner purchases an "MH" series sticker this shall not affect the requirements of paragraph (a) of this rule subsection. (d) This rule subsection shall apply to permanently affixed mobile homes and appurtenances which are held for display by a licensed mobile home dealer or a licensed mobile home manufacturer. Any item of tangible personal property or any improvement to real property which is appurtenant to a mobile home and which is not held strictly for resale is subject to ad valorem tax. The mobile home and appurtenances are considered tangible personal property and inventory not subject to the property tax if the following conditions are met: 1. The mobile home and any appurtenance is being held strictly for resale as tangible personal property and is not rented, occupied, or otherwise used; and 2. The mobile home is not used as a sales office by the mobile home dealer or mobile home manufacturer; and 3. The mobile home does not bear an "RP" series sticker. (2) This rule subsection shall apply to any mobile home which does not have a current license sticker affixed. (a) It shall not be considered to be real 6 property. (b) It is required to have a current license plate properly affixed as required by section (11) or (12), section , or section , Florida Statutes. (c) Any mobile home without a current license sticker properly affixed shall be presumed to be tangible personal property and shall be placed on the tangible personal property tax roll. (3) Under section (2), Florida Statutes, a mobile home sticker is effective through the 31st day of December and is authorized to be renewed during the 31 days prior to expiration on December 31. A mobile home sticker renewed during the renewal period is effective from January 1 through December 31. (4) Where there is no current sticker affixed on January 1, the fact that the owner purchases an "RP" or "MH" sticker after January 1, does not rebut the presumption stated in paragraph (2)(c) of this rule section. However, if in fact the mobile home was permanently affixed to realty on January 1, the property appraiser could consider this to rebut the presumption that the mobile home is tangible personal property, in the exercise of his judgment considering the factors stated within section (1), Florida Statutes. Such a mobile home would be required to be taxed as real property and required to purchase an "RP" series sticker, as outlined in subsection (1) of this rule section. (5) The statutory presumption that a mobile home without a current sticker or tag is tangible personal property may be rebutted only by facts in existence at the January 1 assessment date. Such facts shall be limited to the following factors: (a) The property appraiser's exercise of judgment in determining it to be permanently affixed to realty as of January 1, based on the criteria in section (1), Florida Statutes, as outlined in subsection (4) of this rule section consistent with the requirement to purchase an "RP" series sticker; or (b) Documentation of having paid the proper license tax and having properly purchased an "MH" sticker which was in fact current on the January 1 assessment date as provided in subsection (3) of this rule section. (6) A person having documentation of

12 having paid the tangible personal property tax for any year should seek a refund of license tax from the Department of Highway Safety and Motor Vehicles for the same period for which he later purchased an "MH" tag. Specific Authority (1), (1) FS. Law Implemented , , , , , , (11), FS. History--New , Formerly 12D-6.02, Amended , , , , D Recreational Vehicle Type Units; Determination of Permanently Affixed. (1) This rule subsection shall apply to a recreational vehicle type unit described in section (1), Florida Statutes, which is tied down, or when the mode of attachment or affixation is such that the recreational vehicle type unit cannot be removed without material or substantial injury to the recreational vehicle type unit. In such case, the recreational vehicle type unit shall be considered permanently affixed or attached. Except when the mode of attachment or affixation is such that the recreational vehicle type unit cannot be removed without material or substantial injury to the recreational vehicle type unit, the realty, or both, the intent of the owner is determinative of whether the recreational vehicle type unit is permanently attached. The intention of the owner to make a permanent affixation of a recreational vehicle type unit may be determined by either: (a) The owner making the application for an "RP" series license sticker in which the owner of the recreational vehicle type unit states: 1. That the unit is affixed to the land; and 2. That it is his intention that the unit will remain affixed to the land permanently. (b) The property appraiser making an inspection of the recreational vehicle type unit and inferring from the facts the intention of the owner to permanently affix the unit to the land. Facts upon which the owner's intention may be based are: 1. The structure and mode of the affixation of the unit to realty; 2. The purpose and use for which the affixation has been made, Chapter 12D-6 Rev a. Whether the affixation, annexation or attachment was made in compliance with a building code or ordinance which would diminish the indication of the intent of the owner, b. Whether the affixation, annexation or attachment was made to obtain utility services, etc. (2) A recreational vehicle type unit shall be assessed as real property only when the recreational vehicle type unit is permanently affixed to the real property upon which it is situated on January 1 of the year in which the assessment is made and the owner of the recreational vehicle type unit is also the owner of the real property upon which the recreational vehicle type unit is situated. This subsection shall apply regardless of the series under which the recreational vehicle type unit may be licensed pursuant to Chapter 320, Florida Statutes. However, a recreational vehicle type unit that is taxed as real property is required to be issued an "RP" series sticker as provided in section , Florida Statutes. (3) A recreational vehicle type unit may be considered to be personal property when it does not have a current license plate properly affixed as provided in subsections (9) or (10), or sections or , Florida Statutes. (4) The removal of the axles and other running gear, tow bar and other similar equipment from a recreational vehicle type unit is not prerequisite to the assessment of a recreational vehicle type unit as a part of the land to which it is permanently affixed, annexed, or attached if other physical facts of affixation, annexation, or attachment are present. Specific Authority (1), (1) FS. Law Implemented , , , , (1), , (11), FS. History--New , Formerly 12D-6.03, Amended D Prefabricated or Modular Housing Units -- Realty or Tangible Personal Property. Prefabricated or modular housing units or portions thereof, as defined, which are permanently affixed to realty, are taxable as real property. Specific Authority (1), (1) FS. Law 7

13 Chapter 12D-6 Rev Implemented , , FS. History--New , Formerly 12D-6.04, Amended D Pollution Control Devices. In accordance with section , Florida Statutes, the Department of Environmental Protection has adopted Chapter 62-8, F.A.C., concerning the assessment of pollution control devices as a guideline for the property appraiser. Specific Authority (1), (1) FS. Law Implemented , FS. History--New , Formerly 12D D Fee Time-Share Real Property. (1) Applicability of rule: This rule shall apply to the valuation, assessment, listing, billing and collection for ad valorem tax purposes of all fee time-share real property, as defined in section , Florida Statutes. (2) Definitions -- As used in this rule: (a) "Accommodations" means any apartment, condominium or cooperative unit, cabin, lodge or hotel or motel room or any other private or commercial structure which is situated on real property and designed for occupancy by one or more individuals. (Section (1), Florida Statutes.) (b) "Fee time-share real property" means the land and buildings and other improvements to land that are subject to time-share interests which are sold as a fee interest in real property. (Section (14), Florida Statutes.) (c) "Managing entity" means the person responsible for operating and maintaining the time-share plan. (Section (20), Florida Statutes.) (d) "Time-share development" means the combined individual time-share periods or time-share estates of a time-share property as contained in a single entry on the tax roll. (Section (2), Florida Statutes.) (e) "Time-share estate" means a right to occupy a time-share unit, coupled with a freehold estate or an estate for years with a future interest in a time-share property or a specified portion thereof. (Section (28), Florida Statutes.) 8 (f) "Time-share instrument" means one or more documents, by whatever name denominated, creating or governing the operation of a time-share plan. (Section (25), Florida Statutes.) (g) "Time-share period" means that period of time when a purchaser of a time-share plan is entitled to the possession and use of the accommodations or facilities, or both, of a time-share plan. (Section (31), Florida Statutes.) (h) "Time-share period titleholder" means the purchaser of a time-share period sold as a fee interest in real property, whether organized under Chapter 718 or Chapter 721, Florida Statutes. (Section (15), Florida Statutes.) (i) "Time-share plan" means any arrangement, plan, scheme, or similar device, other than an exchange program, whether by membership, agreement, tenancy in common, sale, lease, deed, rental agreement, license, or right-to-use agreement or by any other means, whereby a purchaser, in exchange for a consideration, receives ownership rights in, or a right to use, accommodations or facilities, or both, for a period of time less than a full year during any given year, but not necessarily for consecutive years, and which extends for a period of more than 3 years. (Section (32), Florida Statutes.) (j) "Time-share property" means one or more time-share units subject to the same time-share instrument, together with any other property or rights to property appurtenant to those units. (Section (33), Florida Statutes.) (k) "Time-share unit" means an accommodation of a time-share plan which is divided into time-share periods. (Section (34), Florida Statutes.) (3) Method of Assessment and Valuation. (a) Each fee time-share development, as defined in (2)(d) of this rule, shall be listed on the assessment roll as a single entry. (b) The assessed value of each time-share development shall be the value of the combined individual time-share periods or time-share estates contained therein. In determining the highest and best use to which the time-share development can be expected to be put in the immediate future and the present use of the property, the property appraiser

14 shall properly consider the terms of the time-share instrument and the use of the development as divided into time-share estates or periods. (Section (2), Florida Statutes.) (c) Each of the eight factors set forth in section (1)--(8) inclusive, Florida Statutes, shall be considered by the property appraiser in arriving at assessed values in the manner prescribed in paragraph (3)(b) of this rule. In such considerations the property appraiser shall properly evaluate the relative merit and significance of each factor. (d) Consistent with the provisions of section (8), Florida Statutes, and when possible, resales of comparable time-share developments with ownership characteristics similar to those of the subject being appraised for ad valorem assessment purposes, and resales of time-share periods from time-share period titleholders to subsequent time-share period titleholders, shall be used as the basis for determining the extent of any deductions and allowances that may be appropriate. (4) Listing of fee time-share real property on assessment rolls. (a) Fee time-share real property shall be listed on the assessment rolls as a single entry for each time-share development. (Section (2), Florida Statutes.) (b) The assessed value listed for each time-share development shall be derived by the property appraiser in the manner prescribed in paragraph (3) of this rule. (5) Billing and Collection. (a) For the purposes of ad valorem taxation and special assessments, including billing and collections, the managing entity responsible for operating and maintaining fee time-share real property shall be considered the taxpayer as an agent of the time-share period titleholders. (b) The property appraiser shall annually notify the managing entity of the proportions to be used by the managing entity in allocating the valuation, taxes, and special assessments on time-share property among the various time-share periods. (c) The tax collector shall accept only full payment of the taxes and special assessments due on the time-share development and sell tax certificates 9 Chapter 12D-6 Rev as provided in rule 12D (2)(b), F.A.C., on the time-share development as a whole parcel, as listed on the tax roll. Specific Authority (1), (1) FS. Law Implemented , , , , FS. History--New , Formerly 12D-6.06, Amended

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16 RULES OF THE STATE OF FLORIDA DEPARTMENT OF REVENUE PROPERTY TAX ADMINISTRATION PROGRAM CHAPTER 12D-7 EXEMPTIONS 12D D D D D Chapter 12D-7 Rev Exceed $20,000 Per Year. Educational Exemption. Educational Exemption. Governmental Exemptions. Exemption of Homes for the Aged. (Repealed) Fraternal and Benevolent Organizations. 12D Applications for Exemptions. 12D Applications for Exemptions. (1) As used in section , Florida 12D Exemption of Household Goods Statutes, the term "file" shall mean received in the and Personal Effects. office of the county property appraiser. However, 12D Exemption of Property of for applications filed by mail, the date of the Widows, Widowers, Blind postmark is the date of filing. Persons, and Persons Totally and (2) The property appraiser is not authorized Permanently Disabled; Disabled to accept any application that is not filed on or Ex-Service Members, Spouses. before March 1 of the year for which exemption is 12D Exemption for Certain claimed except that, when the last day for filing is a Permanently and Totally Saturday, Sunday, or legal holiday, in which case Disabled Veterans and Surviving the time for making an application shall be extended Spouses of Certain Veterans. until the end of the next business day. The property 12D Exemption for Disabled Veterans appraiser shall accept any application timely filed Confined to Wheelchairs. even though the applicant intends or is requested to 12D Exemption for Totally and file supplemental proof or documents. Permanently Disabled Persons. (3) Property appraisers are permitted, at their 12D Homestead Exemptions -- option, to grant homestead exemptions upon proper Residence Requirement. application throughout the year for the succeeding 12D Homestead Exemptions -- Legal year. In those counties which have not waived the or Equitable Title. annual application requirement, the taxpayer is 12D Homestead Exemptions -- Life required to reapply on the short form as provided in Estates. section (5), Florida Statutes. If the taxpayer 12D Homestead Exemptions -- received the exemption for the prior year, the Remainders. property may qualify for the exemption in each 12D Homestead Exemptions -- Trusts. succeeding year by renewal application as provided 12D Homestead Exemptions -- Joint in section (6), Florida Statutes, or by county Ownership. waiver of the annual application requirement as 12D Homestead Exemptions -- provided in section (9), Florida Statutes. Abandonment. (4) Each new applicant for an exemption 12D Homestead Exemptions -- Mobile under sections , , , , Homes. or , Florida Statutes, must provide his or her 12D Homestead Exemptions -- Civil social security number and the social security Rights. number of his or her spouse, if any, in the applicable 12D Additional Homestead spaces provided on the application form, Form Exemption Up to $25,000 for DR-501 (incorporated by reference in Rule Persons 65 and Older Whose 12D ). Failure to provide such numbers will Household Income Does Not render the application incomplete. If an applicant omits the required social security numbers and files 11

17 Chapter 12D-7 Rev an otherwise complete application, the property appraiser shall contact that applicant and afford the applicant the opportunity to file a complete application on or before April 1. Failure to file a completed application on or before April 1 shall constitute a waiver of the exemption for that tax year, unless the applicant can demonstrate that failure to timely file a completed application was the result of a postal error or, upon filing a timely petition to the value adjustment board, that the failure was due to extenuating circumstances as provided in section , Florida Statutes. (5) In those counties which permit the automatic renewal of homestead exemption, the property appraiser may request a refiling of the application in order to obtain the social security number of the applicant and the social security number of the applicant's spouse. Specific Authority (1), (1) FS. Law Implemented , , FS. History--New , Amended , Formerly 12D-7.01, Amended , , D Exemption of Household Goods and Personal Effects. Only household goods and personal effects of the taxpayer which are actually employed in the use of serving the creature comforts of the owner and not held for commercial purposes are entitled to the exemption provided by section , Florida Statutes. "Creature comforts" are things which give bodily comfort, such as food, clothing and shelter. Commercial purposes includes owning household goods and personal effects as stock in trade or as furnishings in rental dwelling units. Specific Authority (1), (1) FS. Law Implemented , , FS. History--New , Formerly 12D-7.02, Amended provided in section , Florida Statutes: (a) The provisions of this rule shall apply to widows and widowers. The terms "widow" and "widower" shall not apply to: 1. a divorced woman or man; 2. a widow or widower who remarries; or 3. a widow or widower who remarries and is subsequently divorced. (b) The term "widow" shall apply to a woman, and the term "widower" shall apply to a man, whose subsequent remarriage is terminated by annulment. (c) Blind persons means those persons who are currently certified by the Division of Blind Services of the Department of Education or the Federal Social Security Administration or United States Department of Veterans Affairs to be blind. As used herein "blind person" shall mean an individual having central vision acuity 20/200 or less in the better eye with correcting glasses or a disqualifying field defect in which the peripheral field has contracted to such an extent that the widest diameter or visual field subtends an angular distance no greater than twenty degrees. (d) The exemptions provided under section , Florida Statutes, shall be cumulative. An individual who properly qualifies under more than one classification shall be granted more than one five hundred dollar exemption. However, in no event shall the exemption under section , Florida Statutes, exceed one thousand five hundred dollars ($1,500) for an individual. (e) Where both husband and wife otherwise qualify for the exemption each would under section , Florida Statutes, be entitled to an exemption of five hundred dollars applicable against the value of property owned by them as an estate by the entirety. (2)(a) The $5,000 exemption granted by section , F.S., to disabled ex-service members, as defined in section , F.S., who were discharged under honorable conditions, shall be considered to be the same constitutional disability exemption provided for by section , F.S. The unremarried surviving spouse of such a disabled ex-service member who was married to the ex-service member for at least 5 years at the 12D Exemption of Property of Widows, Widowers, Blind Persons, and Persons Totally and Permanently Disabled; Disabled Ex- Service Members, Spouses. (1) For the purposes of the exemption time of the ex-service member s death is allowed the 12

18 exemption. (b) The exemptions under sections and , F.S., shall be cumulative, but in no event shall the aggregate exemption exceed $6,000 for an individual, except where the surviving spouse is also eligible to claim the $5,000 disabled ex-service member disability exemption under Section , F.S. In that event the cumulative exemption shall not exceed $11,000 for an individual. (3) The exemptions granted by sections and , F.S., apply to any property owned by a bona fide resident of this state. Specific Authority (1), (1) FS. Law Implemented , , FS. History--New , Formerly 12D-7.03, Amended , , , , , Chapter 12D-7 Rev which the veteran died. (4)(a) This paragraph shall apply where the deceased veteran possessed the service-connected permanent and total disability exemption upon death. The exemption shall carry over to the veteran's spouse if the following conditions are met: 1. The veteran predeceases the spouse; 2. The spouse continues to reside on the property and use it as his or her primary residence; 3. The spouse does not remarry; and 4. The spouse holds legal or beneficial title. (b) This paragraph shall apply where the deceased veteran was totally and permanently disabled with a service-connected disability at the time of death but did not possess the exemption upon death. The surviving spouse is entitled to the exemption if the following conditions are met: 1. The veteran predeceases the spouse; 2. The spouse continues to reside on the property and use it as his or her primary residence; 3. The spouse does not remarry; 4. The spouse holds legal or beneficial title; and 5. The spouse produces the required letter of disability. (c) This paragraph shall apply where the veteran died from service-connected causes while on active duty. The surviving spouse is entitled to the exemption if the following conditions are met: 1. The veteran was a permanent resident on January 1 of the year in which the veteran died; 2. The spouse continues to reside on the property and use it as his or her primary residence; 3. The spouse does not remarry; 4. The spouse holds legal or beneficial title; and 5. The spouse produces the required letter attesting to the service-connected death of the veteran while on active duty. (5) The surviving spouse is entitled to the veteran's exemption if the surviving spouse establishes a new homestead after selling the homestead upon which the exemption was initially granted. In the event the spouse sells the property, the exemption, in the amount of the exempt value on the most recent tax roll on which the exemption was granted, may be transferred to his or her new 12D Exemption for Certain Permanently and Totally Disabled Veterans and Surviving Spouses of Certain Veterans. (1) This rule applies to the total exemption from taxation of the homestead property of a veteran who was honorably discharged and who has a service-connected total and permanent disability and of surviving spouses of veterans who died from service-connected causes while on active duty as a member of the United States Armed Forces as described in section , Florida Statutes. (2) The disabling injury of a veteran or death of a veteran while on active duty must be service-connected in order for the veteran or surviving spouse to be entitled to the exemption. The veteran, his or her spouse, or surviving spouse must have a letter from the United States Government or from the United States Department of Veterans Affairs or its predecessor certifying that the veteran has a service-connected total and permanent disability or that the death of the veteran resulted from service-connected causes while on active duty. (3) A service-connected disability is not required to be total and permanent at the time of honorable discharge but must be total and permanent on January 1 of the year of application for the exemption or on January 1 of the year during homestead; however, the exemption cannot exceed 13

19 Chapter 12D-7 Rev the amount of the exempt value granted from the prior homestead. (6) A surviving spouse is not entitled to the homestead assessment increase limitation on the homestead property unless the spouse's residence on the property is continuous and permanent, regardless of the potential applicability of a disabled or deceased veteran's exemption. Where the spouse transfers the exemption to a new homestead as provided in section (3), Florida Statutes, the property shall be assessed at just value as of January 1 of the year the property receives the transfer of the exempt amount from the previous homestead. The real property shall be considered to first receive the exemption pursuant to Rule 12D (1), F.A.C. Specific Authority (1), (1) FS. Law Implemented , FS. History--New , Formerly 12D-7.04, Amended , , D Exemption for Disabled Veterans Confined to Wheelchairs. (1) Although the certificate of disability referred to in section (1), Florida Statutes, would be sufficient proof upon which the property appraiser could allow the tax exemption, this does not mean that the property appraiser could not deny such exemption if, upon his investigation, facts were disclosed which showed a lack of service-connected total disability. (2)(a) This paragraph shall apply where the deceased veteran possessed the exemption upon death. The exemption shall carry over to the veteran's spouse if the following conditions are met: 1. The veteran predeceases the spouse; 2. The spouse continues to reside on the property and use it as his or her domicile; 3. The spouse does not remarry; and 4. The spouse holds legal or beneficial title and held the property with the veteran by tenancy by the entireties at the veteran's death. (b) Where the deceased veteran was totally and permanently disabled with a service-connected disability requiring use of a wheelchair at the time of the veteran's death but did not possess the exemption upon death, the surviving spouse is not entitled to the exemption. (3) The surviving spouse is not entitled to the veteran's exemption if the spouse establishes a new homestead after selling the homestead upon which the exemption was initially granted. (4) The surviving spouse is not entitled to the homestead assessment increase limitation on the homestead property unless the spouse's residence on the property is continuous and permanent, regardless of the potential applicability of a disabled veteran's exemption. In such circumstances, where the spouse remarries, as provided in section (3), Florida Statutes, the property shall continue to qualify for the homestead assessment increase limitation. Where the spouse sells or otherwise disposes of the property, it and any new homestead the spouse may establish shall be assessed pursuant to Rule 12D (1), F.A.C. Specific Authority (1), (1) FS. Law Implemented , FS. History--New , Formerly 12D-7.05, Amended D Exemption for Totally and Permanently Disabled Persons. (1) This rule applies to the total exemption from taxation for the homestead property of a totally and permanently disabled person. (2) The homestead property of a quadriplegic is exempt. (3) To provide evidence of entitlement to the exemption, a quadriplegic must furnish to the property appraiser one of the following: (a) A certificate of disability, Form DR-416 (incorporated by reference in Rule 12D , F.A.C.), from two doctors of this state licensed under Chapter 458 or Chapter 459, Florida Statutes; or (b) A certificate of disability from the United States Department of Veterans Affairs or its predecessor. (4) Subject to the income limitations pursuant to section , Florida Statutes, and Form DR-501S (incorporated by reference in Rule 12D , F.A.C.), the homestead property of a paraplegic, hemiplegic, or any other totally and permanently disabled person who must use a wheelchair for mobility or who is legally blind is exempt from ad valorem taxation. 14